1301:7-9-10
Permits for UST systems.

For the purpose of prescribing rules pursuant to section
3737.88 of the Revised Code, the
state fire marshal hereby adopts this rule to
establish permit requirements for underground storage tanks containing
petroleum or other regulated substances. This rule is adopted by the
state fire marshal in accordance with Chapter
119. of the Revised Code and shall not be considered a part of the "Ohio Fire
Code."

(2)
A
permit is not required to operate an UST system or perform routine maintenance
or normal operational upkeep of an UST system.

(3)
A permit must be obtained prior to any
permit related activity taking place. The state
fire marshal or the local fire agency that has been given delegated authority
pursuant to rule
1301:7-9-15 of the
Administrative Code having jurisdiction over the location where the activity is
to take place may give verbal approval to allow permit related activity to be
performed prior to the issuance of a permit on a case by case basis.

(4)
Any person engaged in an activity
requiring a permit shall submit a permit application form prescribed by the
state fire marshal accompanied by any drawings or
additional information required on the prescribed application form. A permit
shall be obtained for any of the activities described in paragraph (C)(1) of
this rule from the local fire agency that has been given delegated authority
pursuant to rule
1301:7-9-15 of the
Administrative Code having jurisdiction over the location where the activity is
to take place. Otherwise, the permit shall be obtained from the fire marshal.

(a)
The authority issuing the permit shall
review the permit application and, if the authority determines that the
proposed activity is in compliance with this rule and that the appropriate fee
has been paid, the authority shall issue the permit. The authority may place
upon the permit such terms and conditions as the authority determines to be
necessary to bring the proposed activity into compliance with this chapter.

(b)
Any permit issued under this
paragraph shall not be construed as authority to violate any provision of this
chapter.

(c)
The
state fire marshal may revoke any permit pursuant
to Chapter 119. of the Revised Code if upon inspection any violation of this
chapter exists, if conditions of a permit have been violated, or if there has
been any false statement or misrepresentation as to a material fact on the
permit application or supporting documentation.

(5)
For permits obtained from the
state fire marshal, the permit fee shall be
thirty-five dollars for each location described in the permit application.
Inspections conducted by a state fire marshal
employee shall be billed at a rate of sixty dollars per hour for each hour or
fraction thereof at the inspection location. The state fire marshal may bill the owner of the
underground storage tank or the owner of the property where the underground
storage tank is located. Permit and inspection fees for permits obtained from a
local fire agency that has been delegated authority pursuant to rule
1301:7-9-15 of the
Administrative Code shall be established by the local fire agency.

(6)
No person shall operate any UST system or
portion thereof upon which there are past due permit fees or inspection fees
owed to the state fire marshal. Inspection fees
will be considered past due if they are not actually received by the
state fire marshal within thirty days of the date
of the invoice. Nothing in this paragraph shall be construed to establish
inspection fees charged by an UST inspector certified pursuant to rule
1301:7-9-15 of the
Administrative Code.

(7)
Obtaining
a permit pursuant to this rule does not relieve a person engaged in underground
storage tank activity from the obligation of obtaining any other applicable
federal, state, or local permits. Nor does it relieve a person engaged in
underground storage tank activity from the obligation of complying with any
other applicable federal, state, or local laws and regulations.

(1)
All activity requiring a
permit shall be supervised by an installer certified pursuant to rule
1301:7-9-11 of the
Administrative Code. All activity requiring a permit shall be inspected by an
employee of the state fire marshal or a certified
UST inspector who has been certified by the state
fire marshal to conduct such inspections pursuant to rule
1301:7-9-15 of the
Administrative Code. No person shall operate any UST system or portion thereof
until the activity requiring a permit has been inspected.